California, United States of America
The following excerpt is from Morelli, In re, 11 Cal.App.3d 819, 91 Cal.Rptr. 72 (Cal. App. 1970):
Two New York cases suggest the propriety of making service on an attorney who has made an initial appearance in connection with a contempt proceeding. The first is Pitt v. Davision, 37 N.Y. 235, commented upon in 60 A.L.R.2d at page 1248. In a specific performance action, defendant was directed by judgment to convey property to plaintiffs. A certified copy of the judgment was served on the defendant personally requiring him to appear at a specified time and place and make the conveyance. He appeared by an attorney, who gave an unsatisfactory excuse, culminating in refusal. The plaintiffs obtained an order requiring defendant to show cause why an attachment should not be issued against him and why he should not be punished for contempt. The order to show cause was directed to be served on the defendant's attorney. It was held that service upon the attorney was sufficient notice to the contemnor, a lawful service and sufficient to give the court jurisdiction to make a contempt order. This was so even though the New York statutory law was that when misconduct is not committed in the view of the court, it (the court) should be satisfied by due proof by affidavit of the facts charged 'and shall cause a copy of such affidavit to be served on the party accused.'
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